Virginia Lawyers Weekly VA Lawyers Weekly
The plaintiff, a 56-year-old female, was injured on June 18, 2010, in a collision on southbound Route 288 in Chesterfield County. She was driving a 2001 Jeep Cherokee, which was rear-ended by a 2004 Ford F-150 pickup. The plaintiff was properly stopped due to construction work on Route 288. The defendant driver took his eyes off the road to adjust his radio immediately before the collision, which also injured plaintiff’s grandson. His case was settled separately.
The plaintiff was transported by Chesterfield County EMS to VCU Medical Center, where she was hospitalized for approximately three weeks. She was then transferred to two different rehabilitation facilities, where she remained for a total of eight weeks.
The plaintiff was disabled from work due to COPD in 2002, so there was no lost wage claim. The defendants admitted liability, but highlighted the plaintiff’s significant pre-existing medical problems, including use of large quantities of narcotic medications for pain that she was already experiencing before the wreck. They also challenged the plaintiff’s brain injury, as the plaintiff had sustained a previous brain injury in a wreck in 1985, with identical complaints and symptoms at that time.
The matter required two mediations to resolve, and was settled approximately 30 days before beginning a seven-day trial. Donald H. Kent and Frank N. Cowan served as mediators. Assistance with damage development was provided by Medical Management Resources of Richmond.
The plaintiff’s settlement will be structured with an anticipated payout of more than $5,000,000. Ron Feinman of One World Structured Settlement Design provided structured settlement consultation and Medicare set-aside advice.
[13-T-129]Type of action: Personal injury – auto accident
Injuries alleged: Traumatic brain injury, Grade 4 spleen laceration, large stellate left diaphragm laceration, multiple rib fractures, pelvic fractures, para-aortic mediastinal hematoma, left internal obturator and pudendal artery bleeds
Special damages: Medical bills – $452,069.76
Verdict or Settlement: Settlement
Amount: $3,500,000
Attorney for plaintiff: John C. Shea, Richmond
Plaintiff’s experts: Dr. David E. Ross, neuropsychiatry, Richmond; Dr. Jeffrey S. Kreutzer, neuropsychology, Richmond; Dr. Maged S. Hamza, pain management, Richmond; Dr. James O’Donnell, pharmacology, Barrington, Ill.; Dr. Howard G. Stern, orthopedic, Nottingham, Md.; Dr. V. Robert May III, rehabilitation, Midlothian; Sharon P. Reavis, life care planner, Richmond; Denise Bowman, speech/language therapy, Midlothian; Lisa Clevinger, social work, Richmond; Dr. Peter L. Guhl, optometry, Yorktown; Dr. C. Randolph Hinson Jr., family medicine, Midlothian; Deborah W. Marchese, physical therapy, Midlothian; Dr. Julie A. Mayglothing, emergency medicine, Richmond; Lori Shiffman, occupational therapy, Midlothian; Dr. William A. Squires, family medicine, Colonial Heights; Dr. James F. Whelan, trauma surgery, Richmond; Dr. Mark C. Willis Jr., orthopedic, Richmond
Defense experts: Dr. Joel J. Silverman, psychiatry/neurology, Richmond; Dr. James Wade, neuropsychology, Richmond; Dr. Isabelle L. Richmond, neurosurgery, Melbourne, Fla.; Dr. Kevin R. Cooper, pulmonology, Richmond; Dr. Stephen Gershon, pain management, Virginia Beach; Dr. Paul G. Kiritsis, orthopedic, Richmond; Dr. George E. Sanborn, ophthalmology, Richmond
